The Montana Supreme Court overturned the sentence of Stacey Dean Rambold. District Judge G. Todd Baugh sentenced Rambold to a whopping one month in jail following Rambold’s conviction of raping a 14-year-old girl. The sentence drew national outrage and prompted calls for Baugh’s removal. The case also went back to court in an effort to undo the light sentence. The result:
Justices in a unanimous ruling ordered the case of Stacey Dean Rambold assigned to a new judge for re-sentencing.
The decision means Rambold must serve a minimum of two years in prison under state sentencing laws, Yellowstone County Attorney Scott Twito said.
However, there is a slight problem: Rambold already completed the previous one-month sentence. While I am sure this has happened before, I do not know of any case offhand in which a person who served their sentence was re-sentenced. I do not understand how this can be constitutional. I would think it would violate double jeopardy since Rambold has been tried, convicted, sentenced, and served the time. They are not retrying the trial, only tossing out the sentence after he served it.
Rambold’s attorney may argue a similar point. I doubt the court will care. There is enough heat on this case that Rambold may end up serving a much longer sentence than the 10 years prosecutors initially sought.